Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59627 of 2025 Arising Out of PS. Case No.-318 Year-2025 Thana- AKBARPUR District- Nawada ====================================================== Guddu Kumar S/o Rajendra Prasad, R/o Vill.- Hudrahi, P.S.- Akbarpur, Dist.- Nawada.

... ... Petitioner/s

Versus

The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kumar, Advocate.

For the Opposite Party/s :

Mr. Abhay Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Akbarpur P.S. Case No.318 of 2025, registered for the offences punishable under Sections 30(a) & 41 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 255 litre country made liquor from the sack which was tied in motorcycle. It is alleged that the petitioner tried to flee away from the spot after seeing the police but was apprehended on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner is neither owner of the alleged motorcycle nor he has any concern with the alleged recovered liquor. Learned counsel submits that petitioner was coming from Village Baksand to his Village Hudrahi but only on

Patna High Court CR. MISC. No.59627 of 2025(2) dt.11-09-2025 2/2 the basis of suspicion, he has been arrested on the spot. He further submits that seizure list has been prepared in contravention of Section 103 & 105 of B.N.S.S., 2023. Learned counsel submits that no incriminating article has been recovered from the conscious possession of petitioner. He further submits that petitioner is a young boy aged about 19 years who is in custody since 29.06.2025, having clean antecedent. Learned counsel submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Nawada in connection with Akbarpur P.S. Case No.318 of 2025.

(Sunil Dutta Mishra, J) Ritik/- U T